International arbitration

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For international commercial contracts subject to an arbitration agreement to resolve disputes (including insurance or reinsurance agreements), two systems of national law may be engaged:

  • The law governing the contract from which the dispute has arisen.
  • The law governing the arbitration. That is usually the law of the seat of the arbitration – the place

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In late December 2017, Parliament enacted the long-awaited International Arbitration Act which brings about an overhaul of the international arbitration framework. The Act commenced on 20 December 2017.

The new Arbitration Act regulates international arbitration proceedings in South Africa and governs the enforcement of foreign arbitral awards. The Act, which incorporates the Model Law on…